Do You Need Legal Assistance?
Are you seeking legal assistance to fight a claim from a business transfer agent, or to extract yourself from their contract?
We have solicitors who specialise in cases against business transfer agents and brokers. Please be aware, however, that none of these services are free and no lawyers offer a contingency fee arrangement ie. they don’t offer no-win-no-fee deals. They will expect payment in advance.
As you will be required to pay in advance, it makes sense to consider carefully whether you wish to fight your case yourself – in which case information elsewhere on this site may prove useful – or whether you want a lawyer to assist you. We have some names of solicitors later on this page.
Note: The Civil Procedure Rules (CPR) require that the two parties mediate, it is in your interests to do so, in writing.
Small Claims vs Fast Track vs Multi Track
There are three routes a case could take through the courts in England & Wales. There’s the Small Claims “track” for claims worth below £10,000, the Fast Track route covers claims from £10,000 – £25,000 and the Multi Track route covers claims above £25,000.
How Much Will It Cost For A Small Claims Case?
The amount of fees you pay will typically depend on which of the above routes is appropriate for you.
For a sub £10,000 claim it rarely makes sense to use a lawyer as a good lawyer will cost approximately £250 an hour and there’s at least 3-4 hours of work for a solicitor, so expect to pay circa £1,000. You have the option of fighting the case yourself. The Small Claims or Money Online option is designed to be less intimidating and less formal. You do not need a lawyer to represent you at a Small Claims hearing.
If you are fighting your case yourself you should find information elsewhere on this site of some assistance. If you wish to use a lawyer you should find suggestions below.
How Much Will It Cost For A Fast Track Or Multi Track Case?
Legal fees to assist with a Fast Track claim are in the region of £6,000 and for a Multi Track claim it could be anywhere north of £15,000.
We have recommendations of solicitors who are experienced in helping customers successfully Defend a Court Claim. They already have the Evidence and information a Defendant needs.
We welcome enquiries from solicitors who have expertise or experience in fighting these case and/or negotiating a reasonable ‘without admitting liability’ full-and-final settlement figure.
We have a few solicitor recommendations who already have the information a Defendant needs
These solicitors should be asked for a quote once you have e-mailed to them your problem and/or they have given some initial help on the ‘phone.
Before you start thinking about fighting a case, think about whether you have a case.
If a broker has sent you a buyer and you’ve sold your business but now feel the original fee you agreed isn’t fair, there’s hardly a case there. You signed a legally binding contract and a court would likely rule that the fee is due.
If you have signed a contract with a Business Agent which has resulted in a complete sale of your business assets to a person the agent sent to your premises to view, you do not actually have much of a defence, because the agent can claim they are the effective cause of the sale, resulting from an introduction of the buyer to the business and/or property that you entrusted the agent to advertise.
However, ultimately, if the agent takes out a court claim, unless you as the customer agree that the agent’s advertising directly effected the sale, it is up to the agent to prove their claim. Case Law shows that this means the buyer must have VIEWED the business assets, be they real estate or other tangible assets and the business accounts.
Where Else To Complain
If you wish to officially complain about any business agent, you can write to The National Trading Standards Estate Agency Team. It is part of Powys County Council and is the UK’s regulator under the Estate Agents Act 1979. See: http://www.nationaltradingstandards.uk/work-areas/estate-agency-team/
If you suspect that a business is not complying with its obligations under the Estate Agents Act, you can send details: email@example.com
They will not reveal your details in any investigation unless you agree.
If you think you have identified a scam or have been a victim of such a scheme, you should report it to Action Fraud or call 0300 123 2040.
CEBTA Note: You should report it to Action Fraud, National Trading Standards AND The Property Ombudsman Service (TPOS). In the event of misleading advertising, consider writing to the Competition and Marketing Authority (CMA) – General.Enquiries@cma.gsi.gov.uk